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BURKE v. INC. VILL. OF HEMPSTEAD

156 A.D.2d 630 (1989)

Gweneth Burke, Respondent, v. Incorporated Village of Hempstead, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 26, 1989

Ordered that the order is affirmed, with costs.

The contention of the Incorporated Village of Hempstead (hereinafter the Village) that the court erred in finding the plaintiff's second notice of claim timely is without merit. While the plaintiff's first notice of claim alleged that the accident occurred on August 8, 1987 and was concededly untimely, her second notice of claim corrected the date of the accident to August 28, 1987 and was served within 90 days of the...

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